South Australian Numbered Acts

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SOUTH AUSTRALIAN EMPLOYMENT TRIBUNAL ACT 2014 (NO 17 OF 2014) - SECT 56

56—Preserving subject matter of proceedings

        (1)         The Tribunal may, on such terms as appear just, make any order that may be necessary to preserve the subject matter of proceedings, or to otherwise protect the interests of a party, until questions arising in the proceedings have been finally determined.

        (2)         The Tribunal's power to make an order under subsection (1) is exercisable by—

            (a)         a Presidential member of the Tribunal; or

            (b)         any other legally qualified member of the Tribunal who is authorised by the President of the Tribunal to make orders under this section.

        (3)         The Tribunal may make the order on the application of a party or on its own initiative.

        (4)         An order may be made under this section whether or not a person whose interests may be affected—

            (a)         is a party; or

            (b)         has been given an opportunity to be heard.

        (5)         An order may be made under this section—

            (a)         for a specified period; or

            (b)         until a specified event or stage in the proceedings.

        (6)         In making an order under this section, the Tribunal

            (a)         may require an undertaking as to costs or damages as it considers appropriate; and

            (b)         may provide for the revocation of the order if specified conditions are met.

        (7)         The Tribunal may assess any costs or damages referred to in subsection (6)(a) and any amount so assessed is recoverable as a debt in a court of competent jurisdiction.

        (8)         The rules may place conditions on the Tribunal's power to make an order under this section.

        (9)         The Tribunal's power under this section is in addition to, and does not limit, any power of the Tribunal under a relevant Act to make an order in the nature of an injunction or interim injunction.



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